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· 2/17/2005

Victor Varela v. United States

Citations

  • 400 F.3d 864
  • 2005 U.S. App. LEXIS 2768
  • 2005 WL 367095

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Blakely and United States v. Booker, 542 U.S. 220, 125 S. Ct. 738 (2005), are not retroactive on collateral review
  • holding \that Booker 's constitutional rule falls squarely under the category of new rules of criminal procedure that do not apply retroactively\
  • explaining that Supreme Court decisions, such as Ring, Blakely, and Booker, applying Apprendi’s “prototypical procedural rule” in various contexts are not retroactive
  • Booker does not apply retroactively to petitions brought under 28 U.S.C. § 2255

Source: CourtListener parenthetical corpus (CC0).

Judges: Birch, Barkett, Hull

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.